Busia Senator Okiya Omtatah Okoiti has demanded immediate removal of three court of appeal judges dismissed for claims of failing to protect Kenyans and constitutional framework
While aaddressing the nation yesterday at his offices, Omtatah mentioned judges — Hon. Justice Luka Kimaru, Hon. Justice Sila Munyao and Hon. Justice Dr. Johnson Okoth Okello whom should be shown the door over what he termed deliberate attempt to put the lives of Kenyans at risk without upholding the oath of office
Omtatah filed a constitutional petition challenging the Kenya-US Health Cooperation Framework (signed 4 Dec 2025), raising concerns on sovereignty, health data privacy, parliamentary oversight, and financial obligations.
The High Court granted conservatory orders on 19 December 2025 stopping implementation pending hearing
The Government appealed to the Court of Appeal to stay those orders
On 12 May 2026, the three judges stayed the High Court orders but refused to give reasons at that point.
They deferred reasons to 30 October 2026 — nearly five months later
The order took immediate effect, but its legal basis was withheld
Why Omtatah Considers This Unconstitutional
Without written reasons, he cannot meaningfully appeal to the Supreme Court.
The Supreme Court itself has held that reasoned judgments are prerequisite for effective appellate review.
His constitutional right of appeal under Article 163(4)(a) is rendered practically ineffective
Consequential Harm
The contested framework is already being implemented (e.g., US Ebola isolation centre in Kenya)
By October 2026 when reasons arrive, consequences will be irreversible — data transferred, fiscal commitments made, regulatory arrangements changed
What He Is Asking JSC to Investigate
Gross misconduct
Breach of the Judicial Service Code of Conduct and Ethics
Violation of constitutional rights to fair hearing and access to justice.
Conduct in bad faith outside judicial immunity protection
Alternatively — incompetence for failing to apply binding Supreme Court precedent
Former President of Law Society of Kenya Nelson Havi upheld that Omkiyah’s petition was timely adding that the whole bench making up court of appeal stands accused and should all be dismissed
“Okiya Omtatah’s petition against the three Judges of the Court of Appeal is timely. In fact, the entire Court of Appeal stands accused of the misconduct and misbehavior of altering the principles for grant of stay pending appeal when the applicant is an arm or agency of the Government of the Republic of Kenya. Will the JSC act?, ” Havi sought Judicial Service Commission herein as JSC n his X space account
“Thank you for your support. This petition is about protecting justice. When the Court of Appeal bends the law to shield government agencies, it betrays the people. The JSC must act, not to defend judges, but to defend the Constitution. Justice must remain impartial, and no one should be placed above accountability. This is the moment to restore faith in our Judiciary, ” Omkiyah responded through his X space.